New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-02-02
JUDGE BARRETTS CHARGE.
A CLEAR AND IMPARTIAL REVIEW or THE


CLEAR AND IMPARTIAL REVIEW OF THE CASE
REQUESTS To CHARGE.
Judge Barrett charged the jury the evening session.
lie about to begin his address when he inter
rupted by Mr.. Brooke. who handed several pages OF
closely written matter containing requests
to charge. The Judge examined these
cursoriy and stated that he would endcavor to treat all
the propositions fairly. Then turning to the jury he
spoke In substance follows
In the first place, gentlemen. feel it my duty to
quest you-although II may seem almost supcriuous
for me to do soto approach the consideration OF this
case In the most earnest sober and solemn manner 1t
Gifted In the organic law OF the State reprobaton OF which
is interviewer in the Constitution. Counsel have argued
as to the utter nfamy OF the crime. IL somewhat In
the nature OF moral treason against the State II bribery
should become rampant would be impossible
that the country should live in Its present for and the
reason that the law against 1t IA interviewer with the
In ITSELF but ts tendency to destroy the state because
IL tends TO corrupt the people themselves when public
officers can be corrupted and it is understood that no
measure or importance be passed on Its
merits ' those who approach public ON ers In
useless to approach them the merits OF the measure
and legislators viii become tho tools-te scrvans-of
general corruption SO the people, In their majesty, in
setdeence have cngraed these provisions in the Con
stitution. The next consideration Is that you are part
OF the machinery Of Justice You citizens but above
all you are Jurors You have sworn to lay aside all
prejudice and do your duty under the law.
now gentlemen in that spirit let us approach the case
This defendant is indicted on charge OF having agreed
to accept blibe from person unknown to the Grand
Jury TO influence his as Alderman In this city
measure then pending In the legislation OF this city,
You VIII observe at the outset that he IL not charged with
having actually received money, but with "a cor
rupt agreement to receive II. II he Is guilty OF making
a corrupt agreement to receive money, he Is guilty
OF the offence charged Now. what Is II necessary To
prove and how must be proved in order TO establish
the commission OF the cmei An agreement may be ex-
pressed or Implied IL may be written with or without
seal or may he verbal without paper. seal or even
direct verbal statement. t may be implied VI course
II is not necessary 10 prove that and met on par
uciir day ana that heard "a offer sum OF money
ana that was heard to agree to accept IT. from an
The acts ana circumstances the jury believes tha there
that sIh an agreement made IL may be proved ny
direct orDy circunstanta evidence or by mixthc oi
tue TWO apprchend that II you believe the suDsihco
OF the testimony OF Fullgran and Duffy you VIII nave
little dlniculty on this point OF the case ,onI III
the meetings OF the thirteen Aldermen 700.
place as testified by BullgrnR and Duny, anu
II some ono offered $500 900 for the Broadway ancse
TO he divided among them. and II vote WAS TAKEN anu
ALL including the defendant voted AYE. VIII leave ~
for you to say II the agreement is not established W
not necessary that the parties should meet II te one m
conveyed by an authorized representative ana accePc
The prosecution Is bound 10 establish the chai go p
yond reasonable doubt. What ID 10 reasonable douD.
nave known Jurors 10 suppose that IL means an! h
OF doubt Well gentlemen that Is not the law ieas
enable doubt Is not light, caprciors. arbitrary DOUBT OF
one sprnging from unwillngness TO examine the oNf
sultng where juror has brought himself up TO perform
his duty faithfully and WELL and having considered aIi
the evidence asks his II IL In retsoLaDly sa
fed Now. the prosecution have threo classes or test
mony, frat. that OF Fullgran aud Duny second tho
Metz testimony ana thirl the substantially uncohtr
dcicd record testimony The prosecution claims tn on
all that testimony put together you twelve should naveno